Section 184

Amendment status not verified — confirm the current text below against the official source.

Notice of construction of building. — (1) The expression “to construct a building” throughout this Chapter includes— (a) any material alteration, enlargement or reconstruction of any building, or of any wall including compound wall and fencing, verandah, fixed platform, plinth, door step or the like, whether constituting part of a building or not; (b) the conversion into a place for human habitation of any building not originally constructed for human habitation; (c) the conversion into more than one place for human habitation of any place originally constructed as one such place; (d) the conversion of two or more places of human habitation into a greater number of such places; (e) such alterations of the internal arrangements of a building, as affect its drainage, ventilation or other sanitary arrangements, or its security or stability; and (f) the addition of any rooms, buildings, or other structures to any buildings, and a building so altered, enlarged, reconstructed, converted or added to, is throughout this Chapter included under the expression “a new building”. (2) Before beginning to construct any building, the person intending so to construct shall give to the Chief Officer notice thereof in writing and shall furnish to him at the same time, if required by a bye-law or by a special order to do so, a plan showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the Chief Officer, and all information required by the bye-laws or demanded by the Chief Officer regarding the limits, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, privies, water-closets, house-gullies and cess-pools, if any, to be used in connection therewith, and the location of the building with reference to any existing or projected streets, the means of access to such building and the purpose for which the building will be used: 385 Substituted vide the Goa Jan Vishwas (Laws Amendment) Act, 2026 (Goa Act 2 of 2026), as per section 3 of the Act the fines and penalties provided under various provisions in the enactments shall be increased by ten percent of the minimum amount of penalty, as the case may be, specified therefor, after the expiry of every three years from the date of commencement of the Act 112 Provided that, if the bye-laws of the Council so require, such notice shall be in such form as the Council may from time to time prescribe and such plans shall be signed by a person possessing the qualifications laid down in the bye-laws or licensed under the bye- laws so to sign such plans. (3) If the person giving notice under sub-section (2) fails to— (i) furnish all the information and documents required under sub-section (2); or (ii) the Chief Officer deems it necessary to call for any further information or documents, the Chief Officer shall, within 386[fifteen days] of the receipt of the notice, require such person by an order in writing to furnish such information or documents. (4) Within 387[fifteen days]of the receipt by the Chief Officer of the notice under sub- section (2), or if any further information and documents have been called for under sub- section (3) then within 388[fifteen days] of the receipt of all such further information and documents, the Chief Officer may— (a) grant the necessary permission to construct according to the plans and information furnished under sub-section (2) and sub-section (3); (b) impose any conditions in accordance with this Act or the rules and bye-laws made thereunder, as to the level, drainage, sanitation, materials or to the number of storeys to be erected, or with reference to the location of the building in relation to any street existing or projected or to the means of access to such building on the purpose for which the building is to be used; (c) direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building or street have been decided to his satisfaction; (d) subject to the provisions of the next succeeding section, refuse such permission for reasons which shall be communicated to the applicant in writing. (5) The Council may, before any work has been commenced in pursuance of any permission granted by the Chief Officer under sub-section (4), revoke such permission and may give fresh permission in lieu thereof or issue any other order as may be passed by the Chief Officer under sub-section (4). (6) If the Chief Officer fails to issue an order under clause (c) or (d) of sub-section (4) within the period prescribed in that sub-section, 389[the permission shall be deemed to have been granted and the person giving notice under sub-section (2) shall, after the expiry of the said period, be entitled to proceed with the work in respect of which such 386 Substituted in place of words “sixty days” vide Amendment Act 21 of 2023. 387 Substituted in place of words “sixty days” vide Amendment Act 21 of 2023. 388 Substituted in place of words “sixty days” vide Amendment Act 21 of 2023. 389 Substituted in place of expression] “the person giving notice” vide Amendment Act 21 of 2023. 113 notice has been given under sub-section (2), in the manner specified in such notice, provided that such manner is not inconsistent with any provision of this Act or any rule or bye-law for the time being in force thereunder. (7) No person who becomes entitled under sub-section (4), (5) or (6) to proceed with any intended work of which notice is required by sub-section (2), shall commence such work after the expiry of the period of one year from the date on which he first became entitled so to proceed therewith, unless he shall have again become so entitled by a fresh compliance with the provisions of sub-sections (2) to (6). (8) If any person begins any construction of a building of which notice is required to be given under sub-section (2)— (i) without the permission of the Chief Officer under sub-section (4) or of the Council under sub-section (5), save as otherwise provided under sub-section (6); or (ii) having received permission under clause (a) of sub-section (4), contrary to the plans and information furnished under sub-sections (2) and (3); or (iii) having received permission under clause (b) of sub-section (4), contrary to the conditions imposed under that clause or contrary to the plans and information submitted under sub-sections (2) and (3) in so far as such plans and information are not modified by such conditions; or (iv) contrary to the provisions of sub-section (6), when construction is begun under that sub-section, the Chief Officer may, by a written notice, require such person to stop such construction and to alter or demolish any construction already made as specified in the notice. If, within fifteen days from the service of such notice for demolishing any such construction, the work of demolishing it is not commenced, the Chief Officer may cause such work to be done and the expenses incurred therefor shall be recoverable from the person concerned in the same manner as an amount due on account of a property tax. 390[Provided that a building which is reflected in the record of rights and the first promulgated survey plan prepared under the provisions of the Goa Land Revenue Code, 1968 (9 of 1969) shall be deemed to have been constructed with due permission of the Chief Officer.] 391[ (9) Any person who fails to comply with the notice issued by the Chief Officer under sub-section (8), shall, on conviction, be punished with fine which may extend to 392[fifteen thousand rupees]. 390 Inserted vide Ordinance 3 of 2025 391 Substituted vide the Goa Jan Vishwas (Laws Amendment) Act, 2026 (Goa Act 2 of 2026), as per section 3 of the Act the fines and penalties provided under various provisions in the enactments shall be increased by ten percent of the minimum amount of penalty, as the case may be, specified therefor, after the expiry of every three years from the date of commencement of the Act. 392 Substituted by Amendment Act 27 of 2002. 114 (9) Any person who fails to comply with the notice issued by the Chief Officer under sub-section (8), shall be liable to a penalty which may extend to one lakh rupees.] 393 (10) The Court convicting such person may also direct such person to demolish or alter the building in accordance with the order of the Chief Officer or in such other manner as the Court may deem proper and within the period specified by the Court. If such person fails to demolish or alter the building within the period specified by the Court, or in the manner required by the Court, he shall, on conviction, be punished with further fine which may extend to 394 [one hundred rupees] for every day after the expiry of the period for compliance specified by the Court in its order during which such non- compliance continues. [(10) The Court convicting such person may also direct such person to demolish or alter the building in accordance with the order of the Chief Officer or in such other manner as the Court may deem proper and within the period specified by the Court. If such person fails to demolish or alter the building within the period specified by the Court, or in the manner required by the Court, he shall be liable to a further penalty which may extend to one thousand rupees for every day after the expiry of the period for compliance specified by the Court in its order during which such non-compliance continues.;] (11) Nothing in sub-section (8) or (10) shall be deemed to affect the power of the Council or the Chief Officer to demolish or alter the building under section 190. (12) The Chief Officer may, at any time, inspect without giving notice of his intention to do so, any work of which notice is required by sub-section (2); and at any time during the execution of any work may, by written notice, specify any matter in respect of which the execution of such work is in contravention of any provision of this Act or of any bye-- laws made under this Act or of any order passed under this section; and require the person executing such work to cause anything done contrary to any such provision or bye-laws or order to be amended or to do anything which by any such provision or bye-law or order he is required to do but which has been omitted. 395[(13) Any person aggrieved by an order of the Chief Officer made under sub-section (8) may prefer an appeal against the order to the Appellate Tribunal within the period specified in the order for the demolition of the construction or work to which it relates. (14) Where an appeal is preferred under sub-section (13) against the order of demolition, the appellate Tribunal may, subject to the provisions of sub-section (3) of 393 Substituted vide the Goa Jan Vishwas (Laws Amendment) Act, 2026 (Goa Act 2 of 2026), as per section 3 of the Act the fines and penalties provided under various provisions in the enactments shall be increased by ten percent of the minimum amount of penalty, as the case may be, specified therefor, after the expiry of every three years from the date of commencement of the Act. 394 Substituted by Amendment Act 27 of 2002. 395 Subsections (13) to (20) inserted by the Amendment Act 6 of 1987. 115 section 184 C, stay the enforcement of that order on such terms, and for such purpose, as it may think fit: Provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the Appellate Tribunal unless security sufficient in the opinion of the said Appellate Tribunal has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal. (15) Subject to any order may by the Government on appeal under section 184 D, every order made by the Appellate Tribunal on appeal under this section, and subject to the orders of the Government and the Appellate Tribunal on appeal, the order of demolition made by the Chief Officer shall be final. (16) Where no appeal has been preferred against an order of demolition made by the Chief Officer under sub-section (8) or where an order of demolition made by the Chief Officer under that sub-section has been confirmed on appeal, whether with or without variation, by the Appellate Tribunal in a case where no appeal has been preferred against the order of the Appellate Tribunal, and by the Government in a case where an appeal has been preferred against the order of the Appellate Tribunal, the persons against whom the order has been made shall comply with the order within the period specified therein, or as the case may be, within the period, if any, fixed by the Appellate Tribunal or Government on appeal and on the failure of the person to comply with the order within such period, the Chief Officer may himself cause the erection or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an amount due on account of property tax. (17) If an order made by the Chief Officer under sub-section (8) directing any person to stop the construction is not complied with, the Chief Officer may in addition to any other action that may be taken under this Act, may require any Police Officer to remove such person or his assistants and workmen from the premises or to seize any construction material, tool, machinery, scaffolding or other things used in the construction within such time as may be specified in the requisition and such Police Officer shall comply with the requisition accordingly. (18) Any of the things caused to be seized by the Chief Officer shall be disposed off by him in the manner specified in section 156. (19) After the requisition under sub-section (18) has been complied with, the Chief Officer may, if he thinks fit, depute by a written order, a Police Officer or a Municipal Officer or other Municipal employee to watch the premises in order to ensure that the construction is not continued. (20) Where a Police Officer or a Municipal Officer or other Municipal employee has been deputed under sub-section (19) to watch the premises, the cost of such deputation 116 shall be paid by the person at whose instance such construction is being continued or to whom notice under sub-section (8) was given and shall be recoverable from such person as an amount due on account of a property tax]. 396[(21) Notwithstanding anything contained in any other provisions of this Act, the Chief Officer may, subject to the recommendation of the Council, regularize any construction in respect of which no notice as required under sub-section (2) has been given, on payment of a fine 397[penalty] equivalent to the fees and taxes payable in respect thereof from the date of commencement of such construction, provided that such construction is as per the building bye-laws and complies with the provisions of any other law for the time being in force.] 398[184A. Power to seal unauthorized constructions. — (1) It shall be lawful for the Chief Officer, at any time, before or after making the order of demolition or of the stoppage of the construction under section 184, to make an order directing the sealing of the premises in which such construction is being carried on or has been completed for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such constructions. (2) Where any premises in which any construction is being carried on has been sealed, the Chief Officer may, for the purpose of demolishing such construction in accordance with the provisions of this Act, order the seal to be removed. (3) No person shall remove such seal except— (a) Under an order made by the Chief Officer under sub-section (2); or (b) under an order of an Appellate Tribunal or the Government, made in appeal under this Act. 184 B. Appellate Tribunal.— (1) The Government shall, by a notification in the Official Gazette, constitute one or more Appellate Tribunals for deciding appeals preferred under section 184. (2) An Appellate Tribunal shall consist of one person to be appointed by the Government on such terms and conditions of service as may be prescribed by rules. (3) A person shall not be qualified for appointment as the Presiding Officer of an Appellate Tribunal unless he is, or has been, a District Judge or an Additional District Judge or has, for at least 10 years, held a judicial office in India, or has practiced as an advocate for not less than 10 years in a High Court in India. (4) The Government may, if it thinks fit, appoint one or more persons having special knowledge of, or experience in, the matters involved in such appeals, to act as assessors 396 Inserted by the Amendment Act 27 of 2002. 397 Substituted vide the Goa Jan Vishwas (Laws Amendment) Act, 2026 (Goa Act 2 of 2026) 398 Section 184A to 184E inserted by the Amendment Act 6 of 1987. 117 to advise the Appellate Tribunal in the proceedings before it, but no advice of the assessors shall be binding on the Appellate Tribunal. 184 C. Procedure of the Appellate Tribunal.— (1) The Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or annulling the order or notice appealed against or may refer the case back to the authority or officer against whose order or notice the appeal is filed, for a fresh order or notice, after taking additional evidence, if necessary, or such other action as the Appellate tribunal may specify. (2) The Appellate Tribunal shall send a copy of every order passed by it to the parties to appeal. (3) No Appellate Tribunal shall, in any appeal pending before it in respect of any order or notice under this Act, make an interim order (whether by way of injunction or stay) against the Municipal Council or against any officer or servant of the Municipal Council acting or purporting to act in his official capacity, unless an opportunity is given to the Municipal Council or its officer or servant to be heard in the matter: Provided that the Appellate Tribunal may without giving an opportunity as aforesaid, make an interim order as an exceptional measure, if it is satisfied for reasons to be recorded by it in writing that it is necessary so to do for preventing any loss being caused to the person filling the appeal which cannot be adequately compensated in money: Provided further that every such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless before the expiry of that period, the Appellate Tribunal confirms or modifies that order after giving to the Municipal Council or its officer or servant an opportunity of being heard. (4) Subject to rules that may be made by the Government in this behalf, the awarding of damages in and the cost of, and incidental to, any appeal before an Appellate Tribunal, shall be in its discretion and it shall have full power to determine by and to whom, and to what extent and subject to what conditions, if any, such damages or costs are to be paid and to give, in its order disposing of an appeal, necessary directions for the purpose aforesaid. (5) An order of the Appellate Tribunal made under this section may be executed or caused to be executed by it on the application of the person in whose favour the order has been made. (6) In hearing and deciding an appeal or in the execution of an order, the Appellate Tribunal shall follow such procedure as may be prescribed by rules. (7) Every Appellate Tribunal shall, in addition to the powers conferred on it under this Act, have the same powers as are vested in a Civil Court while trying a suit under the 118 Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:— (a) Summoning and enforcing the attendance of persons and examining them on oath; (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavits; (d) requisitioning any public records or copies thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; and (f) any other matter which may be prescribed by rules, and every proceeding of an Appellate tribunal in hearing or deciding an appeal or in connection with the execution of its order, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the Indian Penal Code (Central Act 45 of 1860), and every Appellate Tribunal shall be deemed to be a Civil Court for the purpose of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).